September 13, 2012

Sex Offender Registry Violations

Sex offender registry laws in the state of Tennessee continue to get stricter. Tennessee laws have increased sex offender registration violations from misdemeanor offenses to felony offenses. If you are convicted of any sexual offense you have up to (48) hours to notify the proper authorities in person. If you fail to comply with any of these regulations you may find yourself behind bars. Please contact Attorney Don Himmelberg if you or anyone you know would like more information about sex registry violations or to set up your free consultation.

Tennessee Code 40-39-208. Violations -- Penalty -- Venue -- Providing records for prosecution

(a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to, the following:

(1) Failure of an offender to timely register or report;

(2) Falsification of a TBI registration form;

(3) Failure to timely disclose required information to the designated law enforcement agency;

(4) Failure to sign a TBI registration form;

(5) Failure to pay the annual administrative costs, if financially able;

(6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration;

(7) Failure to timely report to the designated law enforcement agency upon release after reincarceration;

(8) Failure to timely report to the designated law enforcement agency following re-entry in this state after deportation; and

(9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state.

(b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.

(c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350), and imprisonment for not less than ninety (90) days.

(d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600), and imprisonment for not less than one hundred eighty (180) days.

(e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100), and imprisonment for not less than one (1) year.

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September 6, 2012

New Law on Synthetic Drugs

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New Law on K2 and other Synthetic Drugs

Tennessee has started to crack down on K2 and other synthetic drugs that were commonly sold over the counter at tobacco and convenience stores state-wide. As of July 1, 2012 the amended law makes it illegal to possess, produce, or distribute any forms of these synthetic drugs. Tennessee legislature has made it a felony to produce any form of K2, synthetic marijuana, bath salts or other designer drugs for production, manufacture, distribution, or possession with intent to produce, or distributes the synthetic cannabinoids. Also, the bill states that stores selling these synthetic drugs can be padlocked as public nuisances. As enacted, it is Class E felony for manufacturing or selling an imitation controlled substance and the Class A misdemeanor for ingesting an imitation controlled substance and possessing an imitation controlled substance for the purpose of ingesting it. A Class E Felony is a serious offense and carries jail time along with up to a $5,000.00 fine. Class A Misdemeanor is punishable by 11 months 29 days in jail and up to a $2,500.00 fine. If you or anyone you know have been charged with possessing, producing, or distributing these synthetic drugs please contact Attorney Don Himmelberg.

Commonly known names of synthetic drugs: Nightmare Herbal Incense, Purple Diesel, Bang Bang, Cloud 9 Mad Hatter, Skywalker Herbal Potpourri XXXX-tra Intense Blend, Charlie Edition, Diablo, 7H Kush, 7H Hydro and K4 Lou.

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